September 22, 1994

Mrs. BYRNE introduced the following bill; which was referred to the Committee on Public Works and Transportation

A BILL

To amend title 23, United States Code, relating to drunk driving.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Marion Malley Walsh Drunk Driving Act of 1994’.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) Drunk driving crashes cost the United States health care system approximately $6,000,000,000 in 1993.

(2) Drunk driving crashes cost American businesses and workers approximately $25,000,000,000 in lost wages in 1993.

(3) It is estimated that alcohol was involved in 45 percent of fatal motor vehicle crashes and in 7 percent of all motor vehicle crashes in 1992.

(4) The 17,699 fatalities in alcohol-related motor vehicle crashes during 1992 represent an average of 1 alcohol-related fatality every 30 minutes.

(5) About 355,000 persons were injured in motor vehicle crashes where police reported that alcohol was present--an average of 1 person injured every 1 1/2 minutes.

(6) More than 1,800,000 drivers were arrested in 1991 for driving under the influence of alcohol or narcotics--an arrest rate of 1 for every 92 licensed drivers in the United States.

(7) In 1992, an average of 35.2 percent of all fatal motor vehicle crashes during a week were alcohol-related, compared to 58.2 percent on weekends.

SEC. 3. DRUNK DRIVING.

Chapter 1 of title 23, United States Code, is amended by adding at the end the following:

‘Sec. 161. Drunk driving

‘(a) TRANSFER OF APPORTIONMENTS FOR NONCOMPLIANCE-

‘(1) FIRST FISCAL YEAR- On the first day of the first fiscal year succeeding the first fiscal year beginning after September 30, 1996, throughout which a State does not meet the requirements of subsection (b), the Secretary shall transfer 1 1/2 percent of the funds apportioned to the State under each of paragraphs (1), (2), and (3) of section 104(b) for such fiscal year to the apportionment of the State under section 402 of this title.

‘(2) AFTER FIRST FISCAL YEAR- On the first day of each fiscal year after the second fiscal year beginning after September 30, 1996, throughout which a State does not meet the requirements of subsection (b), the Secretary shall transfer 3 percent of the funds apportioned to the State under each of paragraphs (1), (2), and (3) of section 104(b) for such fiscal year to the apportionment of the State under section 402 of this title.

‘(b) REQUIREMENTS- A State meets the requirements of this paragraph if the State has enacted and is enforcing a law that provides for 4 or more of the following:

‘(1) Any individual with a blood alcohol concentration of 0.08 percent or greater when driving a motor vehicle shall be deemed to be driving while under the influence of alcohol.

‘(2) Any individual under age 21, driving with a blood alcohol concentration of 0.02 percent or greater, shall be deemed to be driving while under the influence of alcohol, and a blood alcohol content of at least 0.02 percent, but less than 0.08 percent, will be punishable by a fine of up to $500 and a 6-month driver’s license suspension.

‘(3) With respect to the impoundment of motor vehicles, the State law provides the following:

‘(A) If an individual’s license has been suspended or revoked for an alcohol-related offense and the individual is thereafter caught driving, the vehicle the individual is driving will be immediately impounded or immobilized for 30 days. The court can impound the vehicle for an additional 90 days following conviction.

‘(B) The owner of the vehicle (other than the driver) may petition the court for release of the vehicle.

‘(C) Any individual who knowingly permits operation of their motor vehicle by a person known to have a revoked or suspended driver’s license for an alcohol-related offense can be charged with a Class 1 misdemeanor.

‘(4) Establishment of an expedited driver’s license suspension or revocation system for persons who operate motor vehicles while under the influence of alcohol which requires that--

‘(A) when a law enforcement officer has probable cause under State law to believe a person has committed an alcohol-related traffic offense and such person is determined, on the basis of a chemical test, to have been under the influence of alcohol while operating the motor vehicle or refuses to submit to such a test as proposed by the officer, the officer shall serve such person with a written notice of suspension or revocation of the driver’s license of such person and take possession of such driver’s license;

‘(B) the notice of suspension or revocation referred to in subparagraph (A) shall provide information on the administrative procedures under which the State may suspend or revoke in accordance with the objectives of this section a driver’s license of a person for operating a motor vehicle while under the influence of alcohol and shall specify any rights of the operator under such procedures;

‘(C) the State shall provide, in the administrative procedures referred to in subparagraph (B), for due process of law, including the right to an administrative review of a driver’s license suspension or revocation within the time period specified in subparagraph (F);

‘(D) after serving notice and taking possession of a driver’s license in accordance with subparagraph (A), the law enforcement officer immediately shall report to the State entity responsible for administering drivers’ licenses all information relevant to the action taken in accordance with this subparagraph;

‘(E) in the case of a person who, in any 5-year period beginning after the date of enactment of this section, is determined on the basis of a chemical test to have been operating a motor vehicle under the influence of alcohol or is determined to have refused to submit to such a test as proposed by the law enforcement officer, the State entity responsible for administering drivers’ licenses, upon receipt of the report of the law enforcement officer--

‘(i) shall suspend the driver’s license of such person for a period of not less than 90 days if such person is a first offender in such 5-year period; and

‘(ii) shall suspend the driver’s license of such person for a period of not less than 1 year, or revoke such license, if such person is a repeat offender in such 5-year period; and

‘(F) the suspension and revocation referred to under subparagraph (D) shall take effect not later than 30 days after the day on which the person first received notice of the suspension or revocation in accordance with subparagraph (B).

‘(5)(A) Establishment and maintenance of a graduated licensing program consisting of the following licensing stages for any driver under age 21 years:

‘(i) An instructional license, valid for a minimum period determined by the Secretary, under which the licensee shall not operate a motor vehicle unless accompanied in the front passenger seat by the holder of a full driver’s license.

‘(ii) A provisional driver’s license which shall not be issued unless the driver has passed a written examination on traffic safety and has passed a roadtest administered by the driver licensing agency of the State.

‘(iii) A full driver’s license which shall not be issued until the driver has held a provisional license for at least 6 months with a clean driving record.

‘(B) For purposes of subparagraph (A)(iii), a provisional licensee has a clean driving record if the licensee--

‘(i) has not been found, by civil or criminal process, to have committed a moving traffic violation during the applicable period;

‘(ii) has not been assessed points against the license because of safety violations during such period; and

‘(iii) has satisfied such other requirements as the Secretary may prescribe by regulation.

‘(C) The Secretary shall determine the conditions under which a State shall suspend provisional driver’s licenses in order not to have funds transferred under subsection (a). At a minimum, the holder of a provisional license shall be subject to driver control actions that are stricter than those applicable to the holder of a full driver’s license, including warning letters and suspension at a lower point threshold.

If the Secretary determines that a State law is substantially the same as what is required under paragraph (3) or (4), such law shall be treated as meeting such requirement.

‘(c) FEDERAL SHARE- The Federal share of the cost of any project carried out under section 402 with funds transferred to the apportionment of section 402 under this section shall be 100 percent.

‘(d) TRANSFER OF OBLIGATION AUTHORITY- If the Secretary transfers under this section any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall allocate an amount of obligation authority distributed for such fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out only projects under section 402 which is determined by multiplying--

‘(1) the amount of funds transferred under this section to the apportionment of section 402 of the State of such fiscal year; by

‘(2) the ratio of the amount of obligation authority distributed for such fiscal year to the State for Federal-aid highways and highway safety construction programs to the total of the sums apportioned to the State for Federal-aid highways and highway safety construction (excluding sums not subject to any obligation limitation) for such fiscal year.

‘(e) LIMITATION ON APPLICABILITY OF HIGHWAY SAFETY OBLIGATIONS- Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs carried out by the Federal Highway Administration under section 402 shall apply to funds transferred under this section to the apportionment of section 402.’.

SEC. 4. CONFORMING AMENDMENT.

The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: